Business Interruption Coverage and Extra Expenses

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Madlyn Gilbert
6 years ago
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Múltiples de Puerto Rico Ojel Rodriguez Advisory Partner

1 Business Interruption Coverage and Extra Expenses Wanda Grau Auxiliary Vice President of Sales Cooperativa de Seguros Múltiples de Puerto Rico Ojel Rodriguez Advisory Partner Kevane Grant Thornton LLP 2017 Kevane Grant Thornton LLP. All rights reserved

2 Agenda What is Business Interruption Insurance? Describe the features common to most business interruption forms What is covered under business interruption? What are "extra expenses"? Cover a few key terms in BI Insurance Loss determination 2

3 When it comes to Business Interruption, 50% of the policyholders out there are under-insured and the other 50% are over-insured. So you either do not have enough coverage or you are paying too much money for your policy. A wise man 3

4 What is business interruption insurance? A form of commercial property insurance coverage that reimburses business income lost as a result of an event that interrupts the operations of the business, such as, fire or a natural disaster Business interruption insurance (BII) pays for income lost because of the interruption of business or the extra expense necessary to keep the business going after a loss Simply put, it is there to make a property loss as seamless to your income statement as possible 4

5 Who needs business interruption insurance? A business that needs property insurance also needs BI insurance Business interruption insurance is normally added to a property/casualty policy or included in a comprehensive master package policy but can also be bought as a separate policy Must be a necessary interruption Must result from an Actual Loss Sustained 5

6 Why business interruption insurance is so important? Protects your company from: lost income loss of market share lost strategic alliances or partnerships lost time of key employees loss of key employees 6

7 What is being covered? The basics Business Income - Net income (before tax) Necessary continuing expenses (including payroll) Common optional BI coverages extra expense extended period of indemnity (extended business income) contingent business interruption (dependent property) 7

8 Business interruption additional coverages (optional) Utility Services Service Interruption Civil Authority Ingress/Egress Coverages Loss of Market Exclusion / Wide Area Impacts Dependent (Contingent) Property Business Interruption Extended Period of Indemnity (Business Income) Loss Adjustment Expenses Claim Preparation Fees 8

9 Key term: "Business Income" 9

10 Examples and not examples of "necessary continuing expenses" Examples mortgage payments rent property taxes salaries equipment leases insurance premiums service contracts ordinary payroll interest and bank fees Not examples utilities that do not continue raw materials repairs and maintenance supplies discounts; bad debts prepaid freight returns and allowances 10

11 How is coverage triggered? Must start with a "Covered Cause of Loss" At an insured location For an incident that occurred during the policy period 11

12 Key term: "Covered Cause of Loss" Description of covered perils and exclusions, such as: fire flood wind/hail earth movement (earthquakes) civil authority ingress-egress terrorism vandalism others 12

13 Key term: "Covered Location" Listed on the policy Includes all the locations where you do business Could include locations not directly operated by your company May include other dependent properties as well such as (additional endorsements): your suppliers' locations your key clients' locations magnet property locations any location that you can establish a legitimate connection to your Net Income 13

14 Chronology of a claim Income Period of Restoration Time of Loss Extended Period of Indemnity 14

15 A few key terms Period of Restoration 15

16 A few key terms Extended Period of Indemnity (Business Income) 16

17 Key term: "Extra expense" Those expenses incurred during period of restoration in excess of normal operating expenses that otherwise would not have been incurred if no direct loss covers only the extra charges (expenses) incurred to keep a business going in order to avoid or minimize business disruption Designed for business and professions that can continue at extra cost and must do so if possible Available as a separate coverage or within BI coverage Examples: fuel cost for emergency plant or emergency plant rental overtime payment rental of temporary premises while insured location is in restoration 17

18 Key term: Dependent (Contingent) business interruption" (optional coverage) Increasingly relevant as supply chains become more complex and operate with reduced inventories and complicated to measure Important to identify different types of suppliers and applicable policy limitations Direct Tier 1 / Tier 2 customers or suppliers Scheduled customers/suppliers Territorial limitations During underwriting -- try to include ALL suppliers and customers Inform management / owners of the limitations 18

19 Challenges of proving dependent (contingent) business interruption loss Requires proof of damage to 3rd party location, including period of closure and effect on insured Little guidance on how to prove loss of business due to covered peril affecting customers or suppliers Recent revisions to CBI clauses make coverage even more iffy and claim preparation even more difficult Requiring listing of suppliers or dependent property Limit to first tier suppliers / customers Low sub-limits and high deductibles 19

20 Key term: "Utility Services" (optional coverage) Coverage suspension of operations caused by interruption in utility services Interruption of service caused by a direct physical loss or damage by a covered cause of loss 20

21 Other important things to look at in BI A high limit for Claim Preparation Expense A Waiting Period as short as possible Waiting Period is the amount of time you have to be down before coverage is triggered The standard waiting period is 72 hours but it can be reduced to 24 or 12 hours to 0 hours by paying additional premium 21

22 Who should be on the "claim team"? Internally Externally those who bought the policy and established the coverage limit: Risk Manager Finance Management Operations Management Insurance Broker or Agent Forensic Accountant/CPA Coverage Attorney/Counsel Professional expertise such as Engineer or Contractor 22

23 Loss determination The amount of Business Income loss will be determined based on: 1. The Net Income of the business before the direct physical loss or damage occurred; 2. The likely Net Income of the business if no loss or damage had occurred. Excluding, increase in business income as a result of favorable business conditions caused by the covered loss; 3. The operating expenses, including payroll, necessary to resume "operations" with the same quality of service that existed just before the direct physical loss or damage; and 4. Other relevant sources of information, including: (a) Your financial records and accounting procedures; (b) Bills, invoices and other vouchers; and (c) Deeds, liens or contracts. 23

24 Questions & feedback 24

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